Why this is one conversation, not two lawyers
When a client’s immigration status is at stake, the criminal analysis and the immigration analysis belong in the same conversation, and at Delfunt Law they take place in one office. Brandon brings twelve years as a felony prosecutor to the criminal side of that conversation; Joanna brings a practice devoted entirely to immigration law to the other. Before any plea is discussed, we consider the consequences for your immigration status: whether the offense counts as a crime involving moral turpitude (CIMT), an aggravated felony, a controlled substance offense, or a domestic violence offense, and what that means for a pending petition, a green card, or a naturalization application, etc.
The result is a defense strategy that protects what matters most to the client, which is often the ability to remain in the country with their family, as well as the outcome in the criminal case.
Situations we see most
- A green card holder arrested for a drug or theft offense in Georgia
- A DACA recipient or visa holder charged with DUI
- A U Visa or VAWA applicant who becomes the subject of a criminal complaint
- An ICE detainer placed on someone held in a county jail
- A past conviction surfacing in a naturalization interview
Common questions
Does a DUI affect my green card application?
A single DUI without aggravating factors is usually not a deportable offense, but it can affect a discretionary decision like adjustment of status or naturalization, and a DUI with drugs, a child in the car, or a suspended license is treated far more seriously. Get both attorneys on it before the plea.
Can ICE pick me up from the county jail?
If ICE has lodged a detainer, the jail may hold you for up to 48 hours after you would otherwise be released so ICE can take custody. Bond strategy changes when a detainer exists, which is why we ask about status on the first call.
Will a plea to a lesser charge protect my status?
Sometimes, and sometimes the “lesser” charge is worse for immigration than the original. The specific statute, the sentence imposed, and the record of conviction all matter. This is exactly the analysis that needs an immigration attorney before you sign.
Does Delfunt Law handle the criminal case and the immigration case together?
Yes. Brandon handles the criminal matter and Joanna handles the immigration side, in the same office with one shared file. You are not paying two firms to learn your story twice.